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Old February 14, 2014, 04:35 PM   #26
krucam
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I doubt the Court would honor such a request. That said, Petitioners will get the final word in before Drake goes to Conference. It won't be missed by the Court...
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Old March 1, 2014, 12:48 AM   #27
Al Norris
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Gura has filed a supplemental brief to his cert. Of course Peruta is the subject.
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Old March 1, 2014, 09:55 AM   #28
KyJim
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I mentioned this in the Pertua thread, but Gura notes in the supplemental brief that if the Supreme Court is waiting for Peruta to come up to it, it may be waiting in vain because the sheriff has said he is not going to seek rehearing or cert. and :
Quote:
And any plans by California’s Attorney General to intervene and seek rehearing might be complicated by the panel’s belief that its decision did not implicate any state statutes.
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Old March 1, 2014, 11:39 PM   #29
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Very sweet supplement. And yes, I think that the Supremes are very much interested in accepting a case now that the Ninth has spoken--at least as long as the Peruta decision stands. If en banc is granted, the panel decision evaporates, and then we have to wait to see what the en banc panel has to say. In that circumstance, granting cert in Drake is iffy because the dramatic split caused by O'Scanlain's opinion disappears.

Gura is absolutely correct that Pruta's path to the Supreme Court is uncertain. True, Gore has backed out, but there are now pending three motions to intervene, two of which (by the Brady campaign and the California Police Chiefs Association) are almost certain to fail. And from a pure legal perspective, the motion filed by State Attorney General Harris should be denied as well-and her and her staff attorney sanctioned for filing a frivolous brief--as the AG has repeatedly declined invitations to participate, and in fact successfully moved to dismiss a case that named the AG on the basis that the AG does not have the authority to direct the sheriffs' exercise of discretion in determining "good cause" under the statute. But there is the political angle as well--allowing her to intervene almost assuredly guarantees an appeal to the Supreme Court if the decision stands. With Drake pending and PEruta applying, I would think that a grant of cert is highly likely--the issue is ripe for the court's institutional review.

The fast track to the Supreme Court is to grant AG's motion to intervene, and then deny the petition for rehearing. I'll keep my fingers crossed.
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Old March 14, 2014, 06:33 PM   #30
press1280
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Hat tip to ryan j at MDshooters...

NJ's reply is in.

This brief is absolutely stunning, I can't believe they actually believe what they wrote:
According to the Ninth Circuit, the Second
Amendment requires “that the states permit some
form of carry for self-defense outside the home.”
Peruta, ___ F.3d ___, 2014 U.S. App. LEXIS 2786, at
*78. New Jersey’s Handgun Permit Law does precisely
this.

They seriously are trying to make SCOTUS believe that CA's scheme is somehow remarkably different than NJ's. It's flat out laughable. In fact, I'll bet your odds of landing a permit in CA (outside of maybe SF) are much much higher than NJ. The brief is flat out delusional : In New Jersey, on the other
hand, the Superior Court “shall issue” a permit to
carry if it is satisfied that the applicant is a person of
good moral character, is not subject to any enumerated
disability, is thoroughly familiar with the safe
handling and use of handguns, and has a justifiable
need to carry a handgun. N.J. Stat. Ann. § 2C:58-4(d).
Thus, California’s law gives the sheriff more discretion
to refuse to issue a permit than the New Jersey law.
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Old March 14, 2014, 09:03 PM   #31
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Yeah, I read that earlier and flipped out just a bit

I guess if the judge is an anti he won't care, but any other judge and I'd have a hard time believing the judge wouldn't feel that an insult to his / her intelligence had not just happened.
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Old March 14, 2014, 11:45 PM   #32
JimDandy
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Quote:
but any other judge and I'd have a hard time believing the judge wouldn't feel that an insult to his / her intelligence had not just happened.
Any other judge who cares enough to know how easy/hard it is to get a permit for a layman. Anti's won't care. Unconcerned judges won't know. Sure they may find out via the case itself, but to start with they won't know, so it's probably easy to get away with.
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Old March 15, 2014, 05:57 AM   #33
press1280
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Peruta's opinion specifically called out Drake as wrongly decided. Circuit judges don't call out other court's opinions when there's no conflict. I don't know whether NJ really thinks their system is that much different than CA's, or they're willing to flat out lie and distort to get cert denied. They've basically gotten away with it every step of the way so far, so I guess the "strategy" has worked.
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Old March 15, 2014, 07:08 AM   #34
press1280
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Just pulled up this quote from NJ's reply brief before the CA-3 orals:

Because the justifiable need requirement is directly related to an applicant’s
demonstrated need for a handgun for self-defense, the District Court correctly concluded that the requirement is no more burdensome than necessary. Slip op. at 40. Indeed, other district courts have overwhelmingly found that comparable handgun permit regulations fit the interest in public safety where those regulations require applicants to demonstrate need based on specific circumstances. See, e.g., Kachalsky, 817 F. Supp. 2d at 271 (upholding New York’s conditioning a permit on articulable,non-speculative need for self-defense); Peruta, 758 F. Supp. 2d at 1117 (upholding “good cause” requirement for concealed carry).


Isn't it funny how now with Peruta being reversed, NJ is claiming CA's scheme is no longer comparable to that of NJ?
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Old March 15, 2014, 03:36 PM   #35
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I guess the NJ judge is NOT referring to the current 9th Circuit ruling on Peruta, to say "upholding "good cause" requirement".

That is not what the 9th said, other than good cause is personal self-defense.

Not to be petty, but if on SCOTUS I would grant cert for the chance to torture the judge as badly as he tortured the words of the 9th majority. An insulting leap of illogical thought.
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Old April 2, 2014, 09:11 PM   #36
Al Norris
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A hat tip to Maestro Pistolero, for pointing me to the brief.

Quote:
CONCLUSION
Were this Court to allow the opinion below to stand, it would strongly signal that Heller and McDonald are not serious, binding opinions. The Second Amendment right is “fundamental,” but it can only be exercised if the state agrees it’s a good idea; can be overridden by modern “legislative judgments” backed by nothing; sets out rules that are wholly swallowed by the fact that guns have always been regulated or by “longstanding” laws enacted at any time; and is wholly respected by practices disabling 99.98% of the populationfrom exercising the “rights” it secures.

This is simply not how rights function under our Constitution. The petition should be granted.
So ends the Reply brief.

20 pdf pages, all of it a good read. Now we wait to see if it has convinced the SCOTUS to grant cert.
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File Type: pdf Drake_cert_reply_FILED.pdf (86.5 KB, 23 views)
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Old April 4, 2014, 10:24 AM   #37
Jim March
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It's now listed as "distributed for conference of April 18th":

http://www.supremecourt.gov/Search.a...les/13-827.htm

That's a Friday. Correct me if I'm wrong, but that means it's just the first possible opportunity for the Supremes to decide to hear it? Could be held over for another conference?
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Old April 5, 2014, 03:13 PM   #38
press1280
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Sure it's possible to be held. I'm doubting it though-nether party is asking for it to be held. I think they'll make a call one way or the other and Monday the 21st we find out.
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